Date of filing : 15-01-2015
Date of order : 22-06-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.14/2015
Dated this, the 22nd day of June 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Ahammed Ashraf.Y.M, : Complainant
S/o.Mohammedkunhi,
R/at Ethorthod House, Edneer.Po,
Padi Village, Kasaragod Taluk and District.
(Adv.Shafi.M, Kasaragod)
M/s Tata Motors Finance Limited, : Opposite party
Ground Floor, Ennes Enclave,
Near Mothers & Children Hospital Road,
Kannur.670002 represented by its
Manager.
(Exparte)
O R D E R
SMT.SHIBA.M.SAMUEL
The brief case of the complainant is that he had purchased a goods carriage bearing No.KL-14 N 436 by availing a vehicle loan of Rs.6,75,000/- from the opposite party firm by way of purchase loan for the above vehicle as per an agreement executed by the complainant and opposite party. As per the terms the complainant has to repay the loan amount in equal monthly instalment of Rs.20,000/- per month. The complainant was regularly paying the dues since April 2013 and already paid Rs.2,00,000/- towards the repayment of the loan amount. Due to some set back in the business, the complainant had some financial stringency and hence he failed to repay few monthly instalments within the stipulated time. It is further submitted that the opposite party is now claiming additional interest on loan amount. On 14-1-2015 the representative from opposite party came to the complainant’s residence and enquired about the vehicle and while leaving from the house they threatened that the vehicle will be seized at any time. The complainant further submitted that the opposite party has not furnished the details of due amount claimed by them and they are claiming huge and exorbitant amount from the complainant which amounts to deficiency in service and unfair trade practice. Hence the complaint.
2. Notice to opposite party was served on 21-01-2015 and opposite party has not turned up and the name of the opposite party called absent and set exparte.
3. The complainant filed chief affidavit in lieu of his chief examination and examined as PW1. Ext.A1 was marked from his side.
4. On perusal of the document and evaluated the evidence of PW1, he had proved his case that he had purchased goods carriage bearing No.KL14 N 436 by availing vehicle loan from the opposite party firm. The copy of the Registration Certificate is marked Ext.A1. The complainant averred that he had availed loan on the basis of the agreement executed between himself and opposite party. As per the terms monthly instalment of Rs.20,000/- was paid by the complainant till recent period. Due to some set back in the business the complainant has some financial contingency and hence he failed to repay the instalment regularly and when the complainant approached the opposite party for part payment of the balance due amount the opposite party claimed exorbitant amount stating that the complainant had defaulted in payment. As per the complaint the opposite party is not entitled to claim additional interest as they had already calculated the interest portion before deciding monthly instalments . The further case of PW1 is that on 14-1-2015 they came to the residence of PW1 and enquired about the vehicle and while returning from the house they threatened that they would come again with the assistance of others and vehicle will be seized from the complainant. The main contention of the complainant was that the opposite party is trying to seize the vehicle without furnishing the actual details of due amount and claiming exorbitant amount which amounts to deficiency in service and unfair trade practice. Due to the act of the opposite party the complainant and his family members had suffered great mental agony and thereby claiming compensation of Rs.50,000/- for the sufferings.
5. There is no contra evidence in the above case even after giving ample opportunities for the opposite party’s appearance and to adduce evidence on his behalf. But the opposite party remained silent till disposal of the case.
6. By considering all the aspects there is nothing to disbelieve the evidence tendered by PW1 and hence the complaint is allowed.
In the result, opposite party is directed to furnish a correct schedule in respect of the actual balance amount to be paid by the complainant, the opposite party and its men and agents are restrained from seizing the goods carriage bearing Reg.No.KL 14 N 436 with chassis No. MAT 455027D8B04772 and Engine No. 497SPTC-39BWY 609204 by way of a prohibitory injunction, the opposite party is further directed to pay Rs.20,000/- by way of compensation for the mental pain suffering with a cost of Rs.3000/-. Time for compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Copy of RC KL 14-N-436.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
